J.B.GARG,J - (1.) JANARDHAN Dass, Gram Sachiv of Gram Panchayat Babain has challenged his prosecution launched by Prem Chand an Ex-Sarpanch for offences under Sections 419/420/218/465/468 etc. of the Indian Penal Code by moving the present petition under Section 482 of the Code of Criminal Procedure.
(2.) THE complainant has alleged that he was elected as Sarpanch of Gram Panchayat, Babain on 22.6.1983 and continued working as such uptil July, 1988 and Janardhan Dass used to be Gram Sachiv who used to maintain accounts of the aforesaid Gram Panchayat ; that when statement of accounts was prepared in June, 1988 a little before he relinquished his charge the aforesaid Gram Sachiv obtained Rs. 8,200/- as an 'illegal gratification' otherwise he was threatened that he would be held responsible for several vouchers and other financial irregularities ; that in fact the Gram Sachiv himself was colluding with Om Parkash, Block Development and Panchayat Officer and wanted that they both should be prosecuted and punished. The complainant has also alleged that on 18.8.1989 he received a notice that a sum of Rs. 7,507-74 was with him as Sarpanch and that he should deposit it up to 25.8.1989 failing which action would be taken against him under Section 105(2) of the Gram Panchayat Act and it could be recovered as arrears of land revenue. This matter was patched up with the Block Development and Panchayat Officer on 26.11.1991. After reasserting this part of the story, the learned counsel for the Gram Sachiv has argued that the Ex-Sarpanch has himself admitted that the matter has been patched up with the Block Development and Panchayat Officer and because the police declined to register a case against the Gram Sachiv a day earlier the complainant has come to the Court at Kurukshetra and instituted this complaint on 29.7.1992.
(3.) A summoning order has been passed by the Judicial Magistrate I Class, Kurukshetra on 9.1.1993. The learned counsel for the petitioner has referred to the relevant part of para 2 of the complaint which is reproduced as under :- "The accused also threatened the complainant for dire consequences and told that if Rs. 8,200/- is given to the accused by the complainant as illegal gratification, then no action will be taken against the complainant and further assured that the said forged notices will be destroyed by the accused. The accused obtained Rs. 8,200/- from the complainant under compelling circumstances." This would go to show that a sum of Rs. 8,200/- was allegedly obtained by the Gram Sachiv as illegal gratification from the complainant-Sarpanch some time in June, 1989.;